AFS

- 15

- 1051

- E July 6, 2015

Exemption No. 11985 Regulatory Docket No. FAA

- 20 01

- 8863

Commander Matt K. Conliffe Depart ment of the Navy

Naval Strike and Air Warfare Center

475 5 Pasture Road, Building 465

Fallon , NV 89496

- 5000

Dear Commander Conliffe :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated March 31, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Department of the Navy (Navy) for an exemption from § 91.215 (c) of Title 14, Code

of F ederal Regulations (14 CFR) to the extent necessary to allow the Navy to provide realistic air combat training in airspace defined in the exemption as the Transponder

- Off Area.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the Navy

.

The FAA has issued a grant of exemption in circumstances similar in all material re spects to those presented in your petition. The FAA originally granted an exemption to the Navy for this activity in 1990 (E xemption No. 5156 )

. That exemption was extended several times (Exemption No. 6741) . The FAA has reviewed the conditions and limita tions granted in that exemption, and the operational history of use of the exemption, and f inds that the petitioner's flight operations have been conducted safely in designated airspace above 10,000 feet above mean sea level without being required to opera te their transponders when the terms and2

conditions of the exemption are met

. In using th e exemption, the FAA f inds that an equivalent level of safety c an be maintained by limiting all such activity to certain U.S. military aircraft, by confining the oper ations to the defined area described in the conditions and limitations section of this exemption by employing dedicated surveillance during such operations, and by publicizing appropriate information concerning radar traffic advisory

service provided to ot her users of the airspace

. Changes to this exemption from previous versions reflect current procedures and references but should not be interpreted to have changed how these operations have been conducted historically.

Having reviewed your reasons for re questing an exemption, I find that

—

• they are similar in all material respects to relief previously granted in Grant of Exemption

Nos. 5156 and No. 6741 ;

• the reasons stated by the FAA for granting Grant of Exemption No s

. 5156 and No. 6741 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f)

, 40113 and 44701
, which the FAA Administrator has delegated to me, I hereby grant the Department of the Navy an e xemption

from 14 CFR § 91.215(c) to the extent necessary to allow the Navy to provide realistic air combat training in airspace defined in the exemption as the Transponder

- Off Area , subj ect to
the conditions and limitations described below.

Conditions and Limitations

1. Operations conducted un der the authority of this exemption may be conducted only in the airspace described as that airspace bounded by a line beginning at

—

lat. 39 deg 45'00" N., long

. 118 deg 22'00"W.; thenc e eastward

to lat. 40 deg 07' 00" N., long. 117 deg 00'00"W.;

to lat. 39 deg 25'00" N., long. 117 deg 00'00"W.;

to lat. 39 deg 10'00" N., long. 117 deg 23'00"W.;

to lat. 38 deg 57'00" N., long. 118 deg 20'00"W.;

to lat. 39 deg 07'00" N., long. 118 deg 20'00"W.;

to lat. 39 deg 06'00" N., long. 118 deg 33'00"W.;

to lat. 39 deg 17'00" N., long. 118 deg 21'00"W.;

to lat. 39 deg 45'00" N., long. 11 8 deg 22'00"W.;

excluding that airspace defined as the “VFR Co rridor” as depicted on the Fallon Range Chart (FRC

- 1), prepared and published by the Defense Mapping Agency. All references to the “Transponder

- Off Area” in this exemption refer to this airspace only.3

2. The petitioner may as sign overall responsibility for a irspace containment

of operations conducted under the authority of this exe mption to the Naval Air Station Fallon Air Traffic Control (ATC) Facility. For purposes of this exemption, the FAA considers references to the ‘petitioner, ’ the ‘ Naval Air Station F allon Air Traffic Control Facility ’ ‘Fallon ATC’ and ‘ military ATC/radar unit ’ to descri be the same entity when transponder

- off operations are conducted in the Transponder

Off Area

.
3. Nothing in this exemption changes or relieves the petitioner from providi ng ATC services within the Transponder

- Off Area in accordance with FAA regulations, procedures, orders or agreements except as specifically provided in these

conditions and limitations.

4. The petitioner must review and maintain a letter of agreement with th e Air Traffic Manager of the FAA’s Oakland and Salt Lake City A ir Route Traffic Control

Centers . The letter must include the procedures

, contacts, operational times, and other information required by the petitioner and the FAA to safely conduct the
operat ions authorized by this exemption.

5. Only U.S. military aircraft under the direct control of the petitioner are authorized to conduct operations under this exemption. The petitioner must also ensure that such aircraft are equipped with a non

- transponder ele ctronic device that enables aircraft identification and position correlation while conducting transponder

- off operations under this exemption.

6. Each o peration conducted under t his exemption m ay be conducted only :

a. I n the airspace described as the Transponder

- Off Area ;

b. W here two

- way radio and primary radar coverage exists ;

c. W hen two

- way radio and radar identification can be maintained continuously

between the aircraft and military ATC/radar unit ground personnel responsible for tracking the aircraft ; and

d. B y p ilots the petitioner has determined are thoroughly familiar with the airspace containment procedures that are applicable to the operation and that

are contained in the letters of agreement required under Condition Number 4 of this exemption.

7. Operations c onducted under the authority of this exemption may be conducted only

when the following petitioner’s equipment is operational:

a. Automated radar tracking systems for ATC and tactical training;

b. Transmitters and receivers used for two

- way radio communications between pilots and military ATC/radar unit ground personnel responsible for tracking the aircraft; and4

c. I nterfacility communications equipment between the petitioner’s and FAA

ATC facilities that is required for normal operations

.
8. When nonparticipating airc raft operating adjacent to the Transponder

- Off Area are observed independently on the Fallon ATC facility’s radar displays or received as radar point

- outs from adjacent military and civil ATC facilities , the Fallon ATC facility must track and monitor such flights

.
9. When nonparticipating aircraft request radar traffic advisory service while operating in any Military Operations Area contained within the airspace described in Condition number 1 above, the Fallon ATC facility must provide such service.

10. The petit ioner must ensure that each aircraft operating with its transponder off

remains within the Transponder

- Off Area and within the petitioner’s radar surveillance coverage ; or if outside the Transponder

- Off Area or beyond the petitioner’s radar surveillance co verage, is instructed to turn the transponder back

on

.
11. If radar surveillance of an aircraft conducting transponder

- off operations cannot be maintained, the military ATC/radar unit controller must advise the pilot of that

aircraft to turn on the aircraft’s transponder and proceed to a point within the Transponder

- Off Area designated in the letter of agreement required under Condition Number 4 of this exemption

.
12. The petitioner must ensure that any pilot conducting operations under the authority of this exemp tion is instructed to turn on the aircraft transponder:

a. W henever a loss of pilot/controller communications occurs or is anticipated ;

b. W hen a participating aircraft poses a potential for a spill

- out or conflict with any nonparticipating aircraft ; or

c. When ad vised by the military ATC/radar unit for any reason

.5

13. The petitioner may conduct operations under the authority of this exemption only

when a ppropriate information is publicized to airspace users concerning radar traffic advisory service that will be provi ded by the petitioner , and is included in

the l etter of agreement required under Condition Number 4 of this exemption.

This exemption terminates on July 31 , 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/ Jodi S. McCarthy Director, Airspace S ervices Air Traffic Organization